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For Paul K. only.I would like for you to draft a motion for

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For Paul K. only. I would...
For Paul K. only.
I would like for you to draft a motion for me
Submitted: 4 years ago.Category: Bankruptcy Law
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3/12/2013
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Paul K, Esq. :

I can draft a Motion I guess, I havent really found it one here, but I guess I dont see why I couldnt create something and paste it here. What happened in your particular situation?

Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Customer reply replied 4 years ago
I wanted you to draft the motion we've been discussing: the one for creditor(s) violating the auto stay in my CH 13.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Right I understand that. I need the details. Who is the creditor, what did they do, what was your damage, etc. THanks!!!
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Customer reply replied 4 years ago
I'd rather not use their name on here since this is a public forum. It's a major internet auction site. Assuming that's OK for now, here's the other info you require:

Took money out of my PP account and my checking account to make refunds

Made several attempts to debit my personal checking account for sums exceeding $6K

Sent innumerable emails demanding payments to satisfy deficit they created in my PP account; now showing $11K in the red

assigned account to collection agency

collect agency sent notice via mail and called

suspended my accounts until I cure balance

refuse to refund credit balance in my Ebay account unless I give credit card no.

had to close checking account and cancel debit cards

froze my PP account - "let me down easy email" allowing them to hold my funds for six months

arbitrarily honored their "seller protection program" compounding the deficit in my account

caused me great emotional stress, loss of sleep, leading to chest pains and seeking medical attention and tests

forced me to deal with this while I was away from home attending to my sister who was in the final weeks of battling cancer and who has since died

left me with no funds to use for travel and forced me to borrow from family

I have plenty of documents to substantiate all of this.

Thanks



Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Where in this timeline did you file BK. When did you provide notice? It may help to recopy this into here with dates so that I can properly prep it. Thx
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Customer reply replied 4 years ago
I filed on 10/16/12 and I added this creditor in my first ammended schedule F about two weeks later.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Did you serve Amended F on the creditor and what date? When did they take the money out of the account? Basically to prepare it properly I need the timeline of events with dates of each occurrence. Thanks!!!
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer reply replied 4 years ago
TIMELINE

10/16/2012 Filed Ch 13, Pro Se
Court Notified Creditors listed

11-7-13 Notice of four failed attempts to debit my checking account

11-08-12 Closed Old and Opened New Checking Account

11-8-12 Notice of Funds transfer declined

11-08-12 Email from Jason in PP Merchant Risk Office

11-11-13 Faxed Ch 13 Petition dated 11-6-13 to PP Merchant Review Office

11-13-13 Email to EB Notifying Bankruptcy

11-15-12 Seven (7) Emails regarding attempts to debit my closed checking account

11-22-12 Request to "resolve Negative Balance" of $-5359.52

11-26-12 Chargeback Covered Notice $2095.00

12-3-12 Added to Sched F on/before 12-3-12

12-5-12 Three (3) Seller Performance Below Standards Notices

12-X-12 Received Mailed Demand Letter from Collection Agency

12-8-12 Received Call from Collection Agency 8:21AM

12-9-12 Received call from Collection Agency 8:34AM

12-13-12 Two Email from "Collections at PP"

12-20-13 Collections Email

12-27 Reimbursed for Chargeback +$2100

1-1-13 Chargeback Notice - $2095

1-3-13 Account limitations imposed

1-5-13 Credit Balance Memo $-390.21

1-6-13 PP Chargeback Notice $2200.

1-11-13 "Favorite Customers" email

2-17-13 Account limitations email

2-22-13 "Commitment to Excellence" Survey

3-1-13 Called PP regarding refund of account credit. They requested credit/debit card to process refund

3-5-13 Credit Balance Memo Email
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Ok, I will review this and get something prepped. Dont forget to get them your checking account info so that they can refund you. Make sure they refund you the full amount plus any overdraft fees. Try to do this today so that if they say NO on the overdraft fees and such I can include that as well. Thanks!
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer reply replied 4 years ago
My checking account and my PP are separate but were linked at the time. That is, my checking account was considered a "backup funding source" to my PP account. Although they tried to take a cumulative total of $10.7K from checking account, they were unsuccessful because,1) there wasnt that much in there, and 2) my bank alerted me to PP's attempts. My bank refunded the overdraft fees when I closed the account. Nevertheless, PP is holding me responsible for ~$12K in refunds that were paid to customers because of a scam I got caught up in. Essentially, all PP got from me was $1200 that was in my PP account before the scam occurred. They took that money to pay claims and then starting charging me for additional refunds against a negative balance.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
So what is the total amount they took from you? The total actual damage as of this point? And how much as been repaid so far? Obviously I will request whatever is still outstanding to be paid back to you ASAP.
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Customer reply replied 4 years ago
They took at least $1200 from my PP account, which is the amount that was in there before they started the debits; plus the $390 credit I have with EB. I'm looking now to see if I can tell from their convoluted journal entries whether they took more.
Customer reply replied 4 years ago
It would take a forensic accountant to decipher all of this, but it appears that they took more like $3093.71.

They also refused to refund me $14,985 that I sent through their service to a third party who was involved in the scam.
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
Ok, I have the pleading, how do you want me to get it to you. I could email it to you if you want? Or I could post it here, but it might not look great as far as fonts and underlining and such.
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Customer reply replied 4 years ago
Email it [email protected]

Thanks so much !
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago

I will send it later to day. Read it very closely as there are many spots where I put things in brackets for you to change. For example, there are spots where I put {Creditor Name] so you can put in who it is. Or [Your Name] so you can put in your name. THere are many of them throughout, so please read carefully before filing. Let me know after you reviewed it and I can give you some more direction!

As always dont forget to provide a positive rating for our sessions!

Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
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Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
It is sent, make sure you check your spam folder in case it went there.
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer reply replied 4 years ago
Got it. Thanks
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
You can tell the judge that you did not, but you used FindLaw.com, which is a free site to do case research. I also have some follow-up info I will post on here later.
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Customer reply replied 4 years ago
Will the Creditor likely appeal any verdict in my favor ?

What is the most damage I should ask ?
Bankruptcy Lawyer: Paul K, Esq., Attorney replied 4 years ago
The creditor is probably not likely to appeal unless you are awarded an extremely large award. That is not likely, and they will most often just accept it and move on. Often, when they see the writing on the wall, they settle. So you may ask for all monies returned plus $15k, and maybe settle for all money returned and $5k. Any bonus money you get is worth it because you never know what a judge will say.

As for amount, as I said above, Id go with the return of items they took or are holding of yours plus $15k.
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
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Paul K, Esq.
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